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TNC SRC ELECTIONS

1.1 PURPOSE

1.1.1 This Policy ensures that the elections and constituting of the SRC in

compliance with the TNC SRC Constitution.

1.1.2 To provide a framework for the election of SRC members to the SRC on an

impartial, unbiased and independent basis.

1.2 DEFINITIONS

Terms as defined in the TNC SRC election Policy shall apply, these definitions are relevant to this policy: “Acceptance of nomination form” is the form prescribed by the IEC to be completed by a candidate wishing to be elected for any of the elective portfolios

“Campaign meetings” refer to official gatherings preceding any SRC election, focused on providing candidates with a campaigning platform

“Election manifesto” refers to the statement of policy and intent by a candidate standing for a portfolio in the SRC

“Election timetable” means the official timetable for the annual SRC elections as contemplated in paragraph 5.3.4.3

“Nominator” means a student nominating a candidate to stand for a specific seat

“Nomination form” refers to the form prescribed by the College or IEC to be completed by the nominator nominating a candidate for election for an elective portfolio

“Second” means the supporting of the nomination of a candidate to stand for a specific portfolio by students with the name, student number and signature of each supporting student, and “seconded” shall have a similar meaning

“Secondment form” refers to the form prescribed by the College or IEC to be used for the collection of information and signatures of all students that second a candidate for election for an elective portfolio

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1.3 OBJECTIVE

1.3.1.1 To ensure that the SRC election proceedings proceeds in a constitutional, democratic and orderly fashion.

1.3.1.2 Ensure consistency in the conduct of free and fair elections 1.3.1.3 Advance tolerance of democratic activity; and; 1.3.1.4 Creating a free campaigning and open public debate

1.4 ELECTION PROCESS

1.4.1 The SRC elections shall be conducted in October of each academic year

1.4.2 Members of the SRC are elected annually on a date determined by the

Council in consultation with the ISRC, in accordance with the Election

Rules and Procedures;

1.4.3 the date above shall be a date not later than 2 (two) weeks after the

expiry of the current SRC’s term of office;

1.4.4 all students are entitled to vote for and nominate candidates for elective

portfolios unless excluded by this Constitution;

1.4.5 a registered student at the College may be declared to be nominated,

should such a student be nominated in writing on the prescribed form by

a student eligible to vote and seconded by 50 (fifty) students eligible to

vote;

1.4.6 After the nomination has taken place, the nominees must be approved

by IEC together with the current SRC.

1.5 ELIGIBILITY REQUIREMENTS

1.5.1 To be eligible for nomination as a candidate for the SRC elections, a

candidate must meet the following requirements, namely the candidate

must:

1.5.1.1 be a registered student at the campus of TNC where she/he is

nominated;

1.5.1.2 subscribe to and undertake to promote the Constitution and its

objectives, including all matters relating to student management and

the well-being of the student community;

1.5.1.3 undertake to promote a culture of non-discrimination, transformation

and diversity and the reconciliation of all cultures comprising the

student community;

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1.5.1.4 not have been convicted of any crime by any court of law in the

Republic or elsewhere and sentenced to imprisonment or to a fine

or both;

1.5.1.5 the provisions of clause 3.2 of this Constitution shall apply here

mutatis mutandis;

1.5.1.6 Candidates should have passed 50% in previous academic

year/Have passed from the previous level in the previous academic

year and that shall only apply at the beginning of SRC term of office.

1.5.1.7 Any student organisation affiliated with the SRC gain automatic

entrance to submit its candidates to contest the SRC elections.

Organisations must submit names of their candidates, and not the

organisation’s name, so that such candidates can be vetted as

above in line with the principles of equity and equality;

1.5.1.8 Nominations received after the closing date disqualifies the

candidate, and candidates who fail to present their manifestos on

the date identified for such a purpose shall be automatically

disqualified from further contesting the SRC elections;

1.5.1.9 Only students who will serve the entire one year term of the SRC

are eligible to contest elections.

1.6 . ELECTION STRUCTURES

1.6.1 The Independent Electoral Commission (IEC)

1.6.1.1 The IEC comprise of:

(a) Three (3) staff members of TNC appointed by the relevant Campus

management;

(b) Three (3) students from the relevant campus who will not be taking part

in the elections except as IEC officers appointed by the incumbent

CSRC;

(c) An independent service provider appointed as the Chief Electoral Officer.

The Chief Electoral Officer shall appoint one officer in each campus to

be the Chairperson of the Campus IEC;

(d) Two (2) members from each affiliate shall be afforded overall observer

status.

1.6.2 Powers and functions of the IEC

1.6.2.1 The purpose of the IEC is to manage and oversee the conducting of

annual SRC elections and by-elections, promoting voter

participation and declaring the results of the SRC elections;

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1.6.2.2 The IEC is entitled to establish procedures for its functioning in

accordance with its mandate and shall implement a Code of

Conduct for IEC members and other staff assisting with the

conducting of elections;

1.6.2.3 shall conduct SRC elections in accordance with this Constitution;

1.6.2.4 shall submit any regulations or rules properly documented a month

before the elections;

1.6.2.5 shall manage the SRC election in an independent and unbiased

manner and must ensure that the elections are free and fair;

1.6.2.6 shall be responsible for all election material, supply sufficient

material and ensuring the safe-keeping of such material;

1.6.2.7 shall perform duties necessary for the effective organisation of the

elections.

1.6.3 Chief Electoral Officer

1.6.3.1 The Chief Electoral Officer has the final responsibility for the management and operation of the IEC and the declaration of results flowing from SRC elections.

1.6.4 Student Support Services Department (SSS)

1.6.4.1 shall liaise regularly with the IEC;

1.6.4.2 shall make arrangements with regard to the areas, facilities and

funding for the SRC elections;

1.6.4.3 shall present the election timetable at least four (4) weeks before

the election date;

1.6.4.4 shall prepare and distribute election nomination forms timeously;

1.6.4.5 shall promote voter education;

1.6.4.6 shall arrange meetings with candidates to explain the election

processes, rules and regulations;

1.6.4.7 shall coordinate the marketing of the SRC elections;

1.6.4.8 shall provide contestants with reasonable assistance to promote

themselves during campaigning;

1.6.4.9 shall provide an official voters’ roll.

1.7 . ELECTION PROCEDURE FOR ISRC

1.7.1 The election of ISRC members shall be held in two stages;

1.7.2 The first stage shall be held concurrently with that of CSRC and the second

date must be determinable beforehand by the IEC. There shall be two ballot

papers at this stage;

1.7.3 Candidates shall be vetted in terms of this Constitution and all rules of

elections apply to them;

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1.7.4 At campus level voters shall be voting for candidates who shall be deployed

to compete for portfolios in the ISRC and not for any specific portfolio;

1.7.5 Candidates for ISRC shall not contest CSRC portfolios and vice versa;

1.7.6 The two candidates with the highest number of votes shall be deployed to

contest elections in the ISRC;

1.7.7 During the second stage, voters shall vote for specific portfolios across the

College and voters shall vote at their respective campuses where they are

registered as voters;

1.7.8 A candidate with the highest number of votes in a particular portfolio shall be

declared to have been successful and as the officer for that portfolio.

1.8 . ELECTORAL DISPUTES

1.8.1 any dispute must be lodged with the IEC within 48 hours unless otherwise

provided for in this Constitution;

1.8.2 The Chief Electoral Officer shall convene a hearing and shall have a final

decision on any dispute which is not appealable within the College;

1.8.3 In the case the IEC finds that the complaint is valid and substantial, new

elections shall be held within 48 hours in all other cases not provided for in

this Constitution.

1.9 . SRC RULES AND PROCEDURE

1.9.1 Election Time Table

1.9.1.1 The IEC shall, as soon as it is appointed and in consultation with the

SRC, approve an election timetable for the annual SRC elections

and the SRC shall notify all student organisations, governance

structures and all committees of the approved election timetable.

1.9.1.2 The proposed election timetable shall contain specific dates for at

least the following items:

(a) opening and closing of nominations; (b) announcement of nominations; (c) commencement and duration of campaigning period by nominated Candidates; (d) date of SRC elections; (e) proposed commencement date of the new SRC term.

1.9.1.3 All SRC election procedures must strictly follow the approved election timetable;

1.9.1.4 Amendments to the proposed timetable may only be done in exceptional circumstances and with prior consultation with the SRC, and the SRC shall notify all student organisations, governance

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structures, committees and duly nominated candidates of the amended election timetable.

1.9.2 Pre-election Procedures

1.9.2.1 Nominations

(a) Any candidate meeting the eligibility requirements may stand on an

independent basis and be nominated for any of the portfolios;

(b) To stand for any of the portfolios the candidate must have been

nominated by a nominator and seconded by students as contemplated

in paragraph 5.1.4;

(c) A candidate may only be nominated for and stand for one of the

positions identified in 2.2.2 or 2.4.

1.9.2.2 Opening of nominations

(a) On a date as determined in the election timetable, the General Secretary

of the SRC shall issue notices to all organisations, governance

structures, committees and the student community through the media

function of the SRC that nominations for SRC elections for the next SRC

term have been opened.

(b) The notice shall state:-

i. The closing date for submission of nominations as per election timetable;

ii. The procedure for nominating candidates; and iii. The venue and format for the submission of nominations to the IEC.

1.9.2.3 Nominations for portfolios

(a) To be nominated for any of the portfolios, a candidate must submit the

following information to the IEC:- i. A nomination form signed by the nominator indicating the portfolio for

which the candidate is nominated;

ii. An acceptance form signed by the candidate and indicating the

willingness of the candidate to stand for the seat including an

undertaking by a candidate to be bound by any electoral code of

conduct issued by the IEC and the SRC constitution, as well as

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declaration by the candidate that he/she meets the eligibility

requirements;

iii. A copy of the page of the candidate’s ID book on which a candidate’s

photo, name and ID number appears;

iv. S complete curriculum vitae of the candidate;

v. The election manifesto of the candidate;

vi. an A5 head and shoulder photo of the candidate;

vii. a secondment form on which required information and signatures of

students that second the candidate appear.

1.9.2.4 Retention of submitted nominations

(a) The IEC shall receive and retain in its safekeeping all submitted

nominations for the SRC election until the completion of all election

proceedings;

(b) The IEC shall keep confidential the submission of nominations by

candidates until the formal announcement thereof by the Chief Electoral

Officer in accordance with the Election Rules and Procedures.

1.9.2.5 Review and correction of nominations

(a) The IEC shall not receive materially incomplete candidate nomination

submissions;

(b) The IEC shall receive all nomination submissions received to determine

whether the candidate meets the submission requirements for his/her

specific portfolio;

(c) Where the IEC determines an inconsistency or suspects the reliability of

information provided, the IEC must do all that is necessary to confirm the

validity of the information;

(d) Where the IEC cannot reach a decision as to the acceptability of a

nomination submission, it must refer the submission to the Student

Support Services for a decision regarding acceptability;

(e) Where the IEC, having received a nomination prior to the closing date for

nominations, determines that the nomination submitted by a candidate

does not meet all of the nomination requirements for the specific portfolio

for which the candidate is nominated:

i. The IEC must immediately inform the candidate of the shortcoming

and request the candidate to correct his/her submission up until 24 (twenty four) hours after the closing date for nominations;

ii. Up until the expiry of the 24 (twenty four) hour period after the closing time for nominations, the IEC shall accept the corrected nomination submitted by the candidate despite being submitted after the closing time for nominations, and such corrected nomination submission shall

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be deemed to have been validly submitted.

1.9.2.6 Insufficient nominations

(a) Where, upon the closing time for nominations, the IEC determines that:- i. no nominations have been received for certain SRC portfolios, but

nominations have been received for at least 55% (fifty-five percent) of

the total SRC portfolios available for election, then the IEC may

extend the nomination period for such period of time as it deems

appropriate to encourage further nominations for the outstanding

portfolios, but which period may not exceed 72 (seventy two) hours.

After the expiry of such extended nomination period, the IEC will

continue with the SRC elections irrespective of whether there are

seats for which no nominations have been received and any SRC

vacancies in the next SRC term shall be reallocated by the new SRC;

or

ii. nominations for less than 55% (fifty-five percent) of the total SRC

seats available for elections have been received, the IEC may, in

consultation with the SRC, extend the nomination period in

accordance with subparagraph 6.1.5.1 (a)(1) or suspend the SRC

elections to allow the incumbent SRC to promote student candidacy

and engage with all student organisations to ensure nominations are

submitted;

iii. the IEC and SRC will agree about the necessary amendments to the

election timetable to allow the SRC to perform the actions

contemplated in the above subparagraph.

1.9.2.7 Announcement of nominations

(a) After the closing of nominations and where the IEC continues with the

SRC elections, the Chief Electoral Officer shall announce the list of

candidate submissions for each SRC portfolio;

(b) The list of candidate submissions together with their manifestos shall be

handed to the relevant SRC committees for publication together with

details of the election timetable and relevant aspects of the Election

Rules and Procedures applicable to the voting by students;

(c) the SRC shall ensure that the election timetable and necessary aspects

of voting procedures for SRC elections are posted on notice boards

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across the campuses as well as posted on the TNC and/or SRC website

to allow for maximum voter awareness and voter education;

(d) All nominated candidates for portfolios shall be required to attend a

compulsory preparatory workshop presented by Student Support

Services to prepare candidates for the process of campaigning.

1.9.3 Campaigning

1.9.3.1 Following the closing of nominations, nominated candidates shall follow a

structured programme of campaigning in accordance with the election

timetable;

1.9.3.2 Through campaigning, candidates shall have an opportunity to address

the student community, present their election manifestos and canvas

student votes for the upcoming elections;

1.9.3.3 All candidates must attend and participate in official campaign meetings

according to the rotation schedule established by the IEC;

1.9.3.4 During campaign meetings candidates shall be afforded the opportunity to

present their election manifestos, engage in debates and the student

community shall also have the opportunity of posing questions to

candidates and engaging with candidates in respect of their election

manifestos;

1.9.3.5 The IEC jointly with the SRC shall arrange a chairperson for each

campaign meeting to ensure that campaign meetings proceed in an

orderly and fair manner allowing all candidates an equal opportunity to

make representations, debate issues and answer questions from the

student community and other candidates;

1.9.3.6 The IEC may adopt such additional campaigning rules as it deems fit and

appropriate to ensure a free, equal and democratic campaigning process;

1.9.3.7 Campaigning shall close on the last day prior to the SRC elections, where

after no candidate may be involved in any formal or informal campaigning

for votes.

1.9.4 Electoral Management Body (EMB)

1.9.4.1 Together with the structures provided for in paragraph 5.3 the EMB shall

include the following polling officials who shall be orientated to the

election process and be provided with a training manual:

(a) Presiding Officer

i. Is accountable to the Chief Electoral Officer (CEO); ii. Coordinates and supervises voting at the polling station; iii. Represent the Chief Electoral Officer at the polling station; iv. Ensure that voting is conducted in a free, fair and orderly manner;

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v. Ensure a steady movement of voters through the polling station; vi. Record objections by voters, agents and observers; vii. Request a person causing a disturbance to leave a polling station; viii. Report any disturbance to the Chief Electoral Officer; ix. Keep information and record voter turnout during specified timeslots; x. Perform any other duty as the Chief Electoral Officer may determine.

1.9.4.2 Issuing Officer

(a) Is accountable to the Presiding Officer; (b) Assist the Presiding Officer with duties as allocated by the Presiding

Officer.

1.9.4.3 Logistical Support Team

(a) sets up an election office on the campus; (b) compiles a schedule of election activities; (c) facilitates the marketing of elections on the campus; (d) shall be lead by and accountable to Student Support Services.

1.9.4.4 Agents and Observers

(a) Organizations and candidates may appoint one agent and/or one

observer. The agents could also act as observers;

(b) The Chief Electoral Officer shall brief agents and observers on their

roles;

(c) Agents/observers shall convey the concerns, questions and opinions of

their respective principals and report back to them;

(d) The absence, with or without apology, of an agent or observer from a

place where the election, voting, counting and meetings are being

managed shall not invalidate proceedings;

(e) Agents and observers must be registered students of the College who

are not themselves standing for elections or are incumbent office bearers

in the SRC.

6.1.7.5 Duties and responsibilities of an agent:

Agents are expected to:-

(a) Increase the confidence of the College community and candidates in the democratic election process;

(b) Represent their principals at all meetings of and interactions with the IEC, and observe the voting and counting proceedings;

(c) Encourage a credible, free and fair election and adhere to the electoral code of conduct;

(d) Cooperate and comply with all orders issued by the IEC;

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(e) Monitor the voting process and encourage their members and supporters to display tolerance towards other organizations and candidates;

(f) Support the rights of organizations and candidates to campaign freely; (g) Deter fraud, intimidation and improper activities and condemn any such

behavior; (h) Disclose to the IEC any relationship that could lead to conflict of interest

regarding the performance of their duties; (i) Report any concerns or problems in the election process to the IEC and

cooperate in any investigation; (j) Report positive aspects and make recommendations for the

improvement of the election process.

6.1.7.6 Duties and responsibilities of observers

Observers shall:

(a) Observe the proceedings at voting and counting on behalf of their principals;

(b) Raise objections to actions which, in their view, do not comply with the provisions of this Constitution;

(c) Any activity or behaviour by students, staff or polling officers deemed inappropriate for a free and fair election must be reported to the Presiding Officer;

(d) Refrain from either talking to voters or interfering with the work of the polling officers at the polling station;

(e) Refrain from election campaigning at the polling station.

6.1.7.7 Unacceptable behaviour of agents and observers:

Agents and observers are not allowed to:

(a) Intimidate voters or speak to voters inside the polling station; (b) Interfere with the voting and counting proceedings; (c) Handle any ballot paper at a voting or counting station; (d) Compromise the secrecy of the vote; (e) Speak to counters at counting station; (f) Discriminate against voters on any irrelevant and arbitrary grounds; (g) Use intimidating language or actions or urge others to use intimidating

language or actions against any other organization, candidate or voter.

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1.10 ELECTION PROCEDURES

1.10.1.1 Election date

The date of the election shall be established in the election timetable.

1.10.2 Election hours

Polling stations and ballot boxes shall be open for voting from 07:00 to 18:00 on the date of the SRC election.

1.10.3 Ballot boxes

1.10.3.1 The College shall provide the IEC with sealable ballot boxes which the IEC shall use for the collection of voter ballots;

1.10.3.2 The Presiding Officer shall, prior to the placing of ballot boxes at the polling stations, seal each ballot box.

1.10.4 Ballot papers

1.10.4.1 The IEC, in consultation with Student Support Services, shall determine the format of the ballot papers for a SRC election and must ensure that sufficient ballot papers are available at each polling station to allow all students to vote. Ballot papers should be numbered with a unique number and bound in books of 100 (hundred). The number of ballot books received and the number of ballot papers per book must be recorded before issuing;

1.10.4.2 Ballot papers must contain the names in alphabetical order of all nominated candidates and portfolios for which the candidates are standing for as well as a space for marking of a vote by a voter for a candidate under each portfolio.

1.10.5 Voting

1.10.5.1 Voting for candidates for first-past-the-post seats shall take place

confidentially by means of a closed ballot paper; 1.10.5.2 A student shall only be entitled to vote once through the submission

of a ballot paper at a polling station and shall only be entitled to vote for one candidate per portfolio;

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1.10.5.3 All polling stations shall be sufficiently staffed for the duration of the SRC election by election officers appointed by the IEC and the College;

1.10.5.4 Voters shall follow the following voting procedure which shall also be clearly displayed at each voting station:-

(a) A student must present her/his valid student card at the voting station to

an election officer and the officer must ascertain whether the voter’s name and student number appear on the voters roll. A line is drawn through the name of the voter on the voters roll and the student number is recorded on a separate page. The fingers of both hands are inspected for the ink;

(b) The election officer shall verify the student card and mark the left-hand

thumbnail, at a point where the nail meets the cuticle with indelible ink;

(c) If the voter refuses to have his/her thumbnail inked, such voter shall not be allowed to vote and the Presiding Officer shall make a note next to the voter’s name on the voters roll;

(d) If the voter cannot be inked because of physical or medical reasons,

he/she shall be referred to the Presiding Officer. Proof from a medical practitioner must be provided in the case of medical reasons. The voter shall then be allowed to vote and the voter’s name, student number and the reasons why the inking could not take place recorded;

(e) The election officer shall issue a folded ballot paper stamped with the

IEC/College election stamp to the student and will communicate to the voter that the voter must vote for one candidate under each portfolio;

(f) The student shall be directed to the voting booth by an election officer

where the student shall cast her/his secret vote by correctly marking the ballot paper;

(g) The voter shall not hand the ballot paper to the election officer, but shall

deposit the folded ballot paper into the ballot box identified by the election officer;

(h) No student, including candidates, may unnecessarily linger around in the

vicinity of the voting station after voting or at any time interfere with the voting process or the tasks of the election officers or influence or intimidate any student. Any transgression of this requirement shall immediately be brought to the attention of the campus authorities who may take such lawful steps as necessary to remove the offending student from the polling station area. If the transgression is deemed to be of a sufficiently serious nature, the IEC may inform the College of the conduct of the student together with a recommendation that further disciplinary steps be taken against the student;

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(i) The IEC may adopt such additional voting measures as it deems necessary and appropriate to ensure a free and fair election.

1.10.6 Spoiled ballot papers

1.10.6.1 If a voter spoils a ballot paper in any way or if the IEC/College stamp does not appear on the ballot paper, he/she must fold the paper and return it to the Presiding Officer before placing it into the ballot box;

1.10.6.2 The Presiding Officer shall, without opening and looking at how the voter marked the ballot paper, write the word CANCELLED on the back of the folded spoilt ballot paper, sign it, write the date on it, record the incident in the election diary and then place it in the envelop marked “Cancelled ballot papers”;

1.10.6.3 The issuing Officer then provides the voter with a replacement ballot

paper and informs the agents/observers present, and then the voter proceeds to vote;

1.10.6.4 Assistance to voters with a visual impairment.

(a) A voter with a visual impairment may ask for assistance from a fellow student excluding agents/observers or candidates in marking the ballot paper. No witnesses are necessary in this case;

(b) The Presiding Officer must remind the companion that she/he is not allowed to disclose any information that may compromise the secrecy of the vote cast by voter;

(c) If the voter has no companion, then the Presiding Officer in the presence of the agents/observers, if they are available, shall assist such voter;

(d) The Presiding Officer shall explain the procedure to such voter, and the voting process must proceed in this manner:

i. Take the voter to the polling booth and read out the instructions on the

ballot paper; ii. Ask the voter in a soft, audible voice which candidate/s she/he wishes

to vote for; iii. If the voter does not know the names of candidates, read out the

names and organization where applicable to the voter; iv. Then ask the voter again to state his/her choice and mark the ballot

paper accordingly;

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v. Fold the ballot paper and proceed to the ballot box and insert it into the ballot box;

vi. Escort the voter to the exit; vii. This procedure shall be applicable, with the necessary changes,

to all voters with any other impairment or disability.

1.10.7 Interruption of voting

If voting is seriously interrupted or obstructed by any disturbance, the Presiding Officer, in consultation with the Chief Electoral Officer, can suspend voting until order is established;

(a) The adjournment must be recorded in the election diary together with the

relevant information;

(b) Polling stations must not be left unattended and special attention must be given to securing the election material.

1.10.8 Closing of polling station

(a) The polling station shall be closed at 18:00; (b) Any person in the queue at 18:00 shall be permitted to vote and voting

shall continue until all voters in the polling station have voted; (c) As soon as the last voter has voted and left the polling station, it shall be

closed; (d) The Presiding Officer shall seal the top slot of the ballot box and record

the serial number of the seal; (e) Agents could affix their own seals to the ballot box and this must be

recorded in the election diary; (f) Agents must be informed of the number of ballot papers issued and the

number of students who voted for the day.

1.10.9 Opening of ballot boxes

1.10.9.1 Immediately following the close of SRC elections, the IEC will remove the ballot boxes from the voting station to a secure location identified by the IEC for the counting of votes;

1.10.9.2 The Presiding Officer may only break the seal of the ballot boxes at the location for the counting of votes;

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1.10.9.3 Agents and observers may attend the opening of ballot boxes and the counting of votes by the IEC but may not interfere, comment on or compromise the integrity of the process or the execution of the functions of the IEC. Any transgression of this requirement shall be dealt with as in paragraph 6.2.5.4 (h) above.

1.10.9.4 Counting of votes

1.10.9.5 . Verification of details of the ballot

The ballot paper statement must contain the following information:

(a) Number of ballot papers printed, issued, un-issued and cancelled for each voting station and then, separately, the overall totals; (b) Number of ballot boxes used; (c) Number of ballot books received; (d) Number of ballot papers issued to voters; (e) Number of ballot papers cancelled; (f) Number of un-issued ballot papers remaining in the ballot books.

1.10.9.6 . Unfolding and sorting of ballot papers

(a) Choose a ballot box to be counted and examine the seals and verify that

they are intact; (b) Invite agents to check and verify that the seals are intact; (c) Break the seals and open the ballot box and then empty the ballot box on

the unfolding table; (d) The counters must unfold each ballot paper, placing it face down; (e) Every now and then move batches of unfolded ballot papers to the

sorting table; (f) Counters must check that each ballot paper has an official stamp on the

back; (g) Reject all ballot papers that do not have the official stamp and place

them in a separate pile; (h) Batch the ballot papers into piles of twenty (20); (i) Every now and then move the batched and sorted ballot papers to the

reconciliation table, if necessary; (j) Keep a record of the number of rejected ballot papers without the stamp

on the back and confirm the numbers with the agents; (k) Place the rejected ballot papers in a separate envelope.

1.10.9.7 Reconciling of the ballot papers

(a) Count the number of ballot papers for each polling station; (b) Verify that the number of printed ballot papers equals the number of

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issued ballot papers plus the number of unused ballot papers; (c) Note that up to this stage, all the ballot papers are handled face down

as they shall only be turned around when the actual counting takes place.

1.10.9.8 . Discrepancies in the ballot papers

If it is established that there are discrepancies, this must be resolved as follows:

(a) Inform the agents of the discrepancy and obtain an explanation from the respective polling officer; (b) If it is clear that there has been unlawful tampering with the material or if

the material is missing, the matter must be investigated and a search for the missing material must be initiated;

(c) If there are administrative errors, the problem must be resolved until a mutually agreed figure is obtained;

(d) Once the reconciling of ballot papers has been completed and any discrepancies are resolved, the Presiding Officer must record the nature of the irregularity, how it was dealt with and explanations by polling officers;

(e) Any objection to the decision shall be submitted immediately to the Presiding Officer.

1.10.9.9 Separation of ballot papers and determining spoilt votes

(a) voters who have cast their votes for candidates of the same organisation

(i.e. block vote) only or for independent candidates only should be placed in separate piles;

(b) voters who have cast their votes for candidates from different organisations and/or independent candidates (i.e. spread vote) should be placed in one pile;

(c) the ballot paper which could be regarded as spoilt, should be placed in one bundle and the IEC shall not take into account such spoilt ballot papers in determining the votes received by each candidate for a portfolio

(d) A vote shall be spoilt if:

i. The marking on the ballot paper indicates the identity of the voter;

ii. 2 (two) or more ballot papers contain the same student number;

iii. A ballot paper contains no student number or no official stamp;

iv. The ballot paper is unmarked, or if marked, it is marked in such a way that the voter’s choice is not clear;

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v. A ballot paper has been changed or defaced or the ballot paper is not an official ballot paper; vi. A voter has voted for 2 (two) or more candidates in a single portfolio; vii. The Presiding Officer shall review each questionable ballot paper with the agents and the Presiding Officer shall make a final decision about the validity of each one and agents may dispute such decision;

(e) The following categories of spoilt votes will emerge: i. “Accepted and not objected to”: this ballot is placed in the

respective pile; ii. “Rejected”: where the decision to reject a questionable ballot

paper is not objected to by any agent, the ballot is placed in a pile for rejected ballot papers and not counted;

iii. “Disputed but counted”: where the decision to accept a questionable ballot is objected to by agent/s, the phrase

“disputed but counted” is marked on the back of the ballot paper and placed in an appropriately marked envelope and counted for the candidate for which it was determined;

iv. “Disputed and not counted”: where the decision to reject a questionable ballot paper is objected to by agent/s, the phrase “disputed and not counted” is marked on the back of the ballot paper and placed in an appropriate marked envelope;

v. Place the same individual ballots for specific organisations into packs of ten and staple together and then tie these individual packs into groups of a hundred with elastic bands;

vi. The ballot papers are now ready for counting.

1.10.9.10 Counting of votes

(a) The ballot papers must be counted manually and the votes for each

candidate captured; (b) The IEC shall remain sequestered until the counting of all votes has

been concluded and verified by the IEC; (c) in counting the votes, the IEC shall determine the candidate for each

portfolio receiving the highest number of valid votes, as well as the second and third runner-up candidates;

(d) if there is a tie for a position, a recount for those candidates who are tied must take place;

(e) if they are still tied, the Chief Electoral Officer must within 7 (seven) days hold a by-election in respect of only those portfolios where the votes have been tied;

(f) the Chief Electoral Officer shall not announce the results until the by-election has been finalized.

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1.10.9.11 Announcement of results

(a) Agents should be requested to attest that the election was credible,

free and fair by signing a declaration form; (b) The Chief Electoral Officer shall then declare the election to be free

and fair; (c) Subject to subparagraphs 6.2.10.6 (d – f), the Chief Electoral Officer

shall at the counting venue announce the results and issue a formal confirmation of the results of the SRC elections;

(d) Copies of the final election results must be advertised on the campuses after the official announcement; (e) The Chief Electoral Officer shall submit a full report within five (5)

working days on the conduct of the election and recommendation for the next election to the College.

1.10.9.12 Election quorum

(a) At least 25% (twenty-five percent) of students must vote in order for the SRC election to be valid;

(b) Where the quorum requirements has not been met, the IEC, in consultation with the incumbent SRC, shall determine whether to launch a re-election, including publishing an amended election timetable for such re-election; or;

(c) Where the possibility of achieving a quorum through re-election is determined to be remote on good grounds shown, the Chief Electoral Officer shall announce the election to have failed and refer the matter to the College.

1.10.9.13 Retention of records

(a) Ballot papers and candidate nomination submissions shall be kept in safekeeping by the IEC until any process for the revision of election results has been concluded, after which all ballot papers and submissions shall be confidentially destroyed;

(b) A written record shall be compiled by the Chief Electoral Officer as to the determination of results and the outcome of any revision as well as the conducting of the election. This record shall be issued to the College and the new SRC for safekeeping for the duration of the new SRC term;

(c) The SRC term of outgoing SRC members shall terminate on the date of commencement of the new SRC term.

1.10.14 Objections concerning voting

Objections may be lodged on any of the following grounds:

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(a) A voter not being entitled to vote, but voted

(b) A voter being refused a ballot paper

(c) Improper conduct of election officers, candidates, agents, observers or

voters

(d) Any conduct or event that could have an unfair influence on the election

results.

1.10.15. Lodging and adjudication of objections

1.10.16 Objections shall be in writing and shall be lodged within 12 hours after the a lleged incident in order to be considered;

1.10.17 The Presiding Officer shall consider and investigate the facts on which the

objection is based and give a ruling within 24 hours;

1.10.18 If the objection is determined to be valid, the Presiding Officer shall decide

on an appropriate ruling or judgment and inform the parties involved

accordingly.

1.10.19 Decisions that may be taken

If it is proved that a candidate was involved or implicated in the alleged offence, the Presiding Officer may:

(a) Take such action, including a warning or public admonishment, as

he/she may deem just and appropriate;

(b) Cancel 20 (twenty) votes of each candidate implicated in a serious

offence;

(c) Cancel 40 (forty) votes of each candidate implicated in a major offence;

(d) Disqualify a candidate at any stage of the election process;

(e) Candidates and office bearers of an organization are required to take

responsibility for the collective behavior of their members and

supporters;

(f) The decision shall be final and binding;

(g) The results of the election shall not be invalidated on the grounds of

infringements of any of these provisions that are considered by the IEC

unlikely to have influenced the election results in a material way;

(h) A student may still face charges in terms of the College Disciplinary

Rules even after the finding of the IEC.

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1.10.20 Lodging of objections during counting

Only agents shall be allowed to submit formal objections to the IEC about any irregularity they perceive in the counting process and may object to:

(a) Any alleged irregularity in the sorting of ballot papers;

(b) Any alleged inaccuracy in the counting of votes or the determination of

the results;

(c) Any alleged inaccuracy or irregularity in the verification process;

(d) A decision by the Chief Electoral Officer to declare a ballot paper

accepted or rejected;

(e) The IEC decision shall be final and binding.

1.10 ELECTORAL CODE OF CONDUCT

Purpose of the Code

The purpose of this Code is to promote conditions that are conducive to free and fair elections, including-

Promotion of the Code

Every student organisation and every candidate bound by this Code must-

(a) promote the purpose of the Code when conducting election; (b) publicise the Code widely in any election campaigns; and (c) promote and support efforts in terms of this Constitution to educate

voters.

Compliance to the Code

Every student organisation and every candidate must-

(a) Comply with the Code; (b) Instruct-

i. In the case of organisations, its candidates, persons holding office in

the organisation, and its representatives, members and supporters, to comply with this Code and any applicable provisions of this Constitution; or;

ii. In the case of a candidate, the representatives and supporters of the candidate to comply with this Code and any applicable provisions of this Constitution;

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(c) Take all reasonable steps to ensure:

i. In the case of an organisation, that its candidates, persons holding office in the organisation, and its representatives, members and supporters, comply with this Code and any applicable provisions of this Constitution; or;

ii. In the case of a candidate, that the representatives and supporters of the candidate comply with this Code and any applicable provisions of this Constitution.

Public commitment

Every student organisation and every candidate must-

(a) Publicly state that everyone has the right-

i. To freely express their beliefs and opinions; ii. To challenge and debate the beliefs and opinions of others; iii. To publish and distribute election and campaign materials, including

notices and advertisement; iv. To lawfully erect banners, placards and posters; v. To canvass support for organisations or candidates; vi. To recruit members for an organisation; vii. To hold public meetings; and viii. To travel to attend public meetings; and

(b) Publicly condemn any action that may undermine the free and fair

conduct of elections

Every organisation and every candidate must accept the results of an election or challenge the results in terms of this Constitution

Duty to cooperate

Every organisation and every candidate must liaise with other organisations or candidates contesting the election and endeavour to ensure that they do not call a public meeting, march, demonstration, rally or any other event at the same time and place as that called by another organisation or candidate contesting the election. This shall apply mutatis mutandis to the College and/or any of its committees, staff, or trade unions.

Role of female students

Every organisation and every candidate must-

(a) Respect the right of women to communicate freely with organisations

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and candidates;

(b) Facilitate the full and equal participation of women in electoral activities;

(c) Ensure the free access of female students to all meetings, marches,

demonstrations, rallies and other events; and

(d) Take all reasonable steps to ensure that women are free to engage in

any electoral activities.

Role of the IEC

Every organisation and every candidate must-

(a) Recognise the authority of the IEC in the conduct of an election; (b) Assure voters of the IEC’s impartiality; (c) Give effect to any lawful direction, instruction or order of the IEC, or a

member or officer of the IEC or the Chief Electoral Officer; (d) Establish and maintain effective lines of communication with-

i. The IEC; and ii. Other organisations contesting the election.

(e) Facilitate the access of members, officers of the IEC and the Chief

Electoral Officer, to public meetings, marches, demonstrations, rallies and other electoral events of that organisation or candidate;

(f) Co-operate in any investigation of the IEC; (g) Take all reasonable steps to ensure-

i. The safety of members and officers of IEC and the Chief Electoral

Officer in the exercise of any power or the performance of a duty assigned by or under this constitution;

ii. That persons referred to in subparagraph (e) are not subjected to insult, hazard or threat by any representatives or supporters of that organisation or candidate; and

iii. That representative of that organisation or candidate attends meetings or other forums convened by the IEC.

Role of media

Every organisation and every candidate:

(a) Must respect the role of media before, during and after an election

conducted in terms of this Constitution; (b) May not prevent access by members of the media to meetings, marches,

demonstrations and rallies; and (c) Must take reasonable steps to ensure that journalists are not subjected

to harassment, intimidation, hazards, threats or physical assault by any of their supporters or representatives.

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Prohibited conduct

No organisation or candidate may-

(a) used language or act in a way that may provoke-

i. Violence during the election; or ii. The intimidation of candidates, members of organisation,

representatives or supporters of organisation or candidates or voters.

(b) Publish false or defamatory allegations in connection with an election in

respect of-

i. An organisation, its candidates or members; or ii. Candidate or that candidate’s representatives.

(c) Plagiarise the symbols, colours or acronyms of an organisation; (d) Discriminate on the grounds of race, ethnicity, sex, gender, class or

religion in connection with an election activity.

No person may

(a) offer any inducement or reward to another person-

i. To join or not to join an organization; ii. To attend or not to attend a meeting, march, demonstration, rally or

other event; iii. To vote or not to vote, or to vote or not to vote in any particular way;

or; iv. To refuse a nomination as a candidate or to withdraw as a candidate;

or

(b) Carry on or display arms or weapons-

i. At a meeting; ii. In any march, demonstration, rally or other public event.

(c) Unreasonably prevent any other person access to voters for the purpose

of voter education, collecting signatures, recruiting members, raising funds or canvassing support for an organization or candidate;

(d) Deface or unlawfully remove or destroy placards, posters or any other election material of an organization or candidate; or

(e) Abuse a position of power, privilege or influence, including parental, patriarchal, traditional or employment authority to influence the conduct or outcome of an election.

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Additions to the Code

The Commission may by regulations made in terms of the Constitution add provisions to the Code.

�TNC SRC ELECTIONS